Stipulation Waives Jury Trial on Element of Offense

U.S. v. Smith. --- F.3d ----, 2006 WL 3735498 (10th Cir. Dec. 20, 2006)

By stipulating that the guns with which he was charged were firearms within the meaning of the statute, Defendant waived his right to a jury trial on the element. Failure of government to read Defendant’s stipulation to the jury was meaningless–the stipulation was not evidence–and the government was free to inform the jury of the stipulation via the jury instructions, which it did. Besides, there was plenty of evidence at trial from which the jury could conclude the guns were firearms within the meaning of the statute.